Publications

Stein Monast, Quebec, July 17, 2017 – Although this seems to be a concept that is basically quite simple and well defined in the insurance industry, the courts of Quebec and Ontario have recently been called upon to rule on the concept of replacement cost. Accordingly, we are providing you with an overview of the decisions in Gestion Ignièce inc. c. Les...

Stein Monast, Quebec, July 17, 2017 – In the case of 6916643 Canada inc. c. Intact, compagnie d’assurances1 , in the context of an application for leave to appeal, the Court of Appeal made a pronouncement on the question of the right to an insurance indemnity for theft when in fact the loss was due to fraud. The petitioner, 6916643 Canada Inc., had...

Stein Monast, Quebec, August 22, 2016 – The insured’s obligation to cooperate with his insurer is now a well-established concept in Quebec law. In a decision rendered May 25, 2015, the Court of Appeal reminded us of the importance of this obligation, ruling as follows on the full extent of its scope:  [Translation] “The insured must answer any questions asked by the...

Stein Monast, Quebec, September 17, 2015 – Intact Assurances inc. v. 9221-2133 Québec inc. (Centre Mécatech), 2015 QCCA 916 The insurer’s investigation is an important step in the claims process, which begins as soon as the loss occurs. The Civil Code of Quebec (hereinafter, “C.C.Q.”) states that the insured has certain obligations towards his insurer to facilitate the exercise of investigative power...